Florida Drug Charges Attorney

Florida Drug Charges

Unlike most criminal charges, the victim in a drug case is the person who is charged with the crime. A drug conviction can have a devastating effect on your life. It can result in a lengthy prison sentence. Even if you end up serving no jail time, you could be left with a criminal record that makes it harder to get a job or rent an apartment. You may find yourself ineligible for government programs such as federal student loans.

Lawyer Jonathan Rose provides aggressive and knowledgeable representation to clients accused of illegally possessing, selling, manufacturing, or trafficking controlled substances in the Orlando area and throughout Florida. A former prosecutor, Mr. Rose understands how the state handles drug charges. He uses his experience to protect you at every stage of the criminal justice process.

The state of Florida is serious about drug offenses. While juvenile arrests on drug charges have slowed, the overall number has held steady. While an arrest and the prospect of severe sentences are alarming, police and prosecutors must have sufficient evidence and comply with a defendants’ constitutional rights. Mr. Rose, depending on the specific facts of each case, has defended clients by challenging the issuance of a search warrant, the validity of the police stop, witness statements, and whether the police made a lawful search.

Drug Trafficking and Conspiracy

Drug trafficking is merely the possession of a specified amount of illegal drugs. Unfortunately, proof of this specified amount of drugs requires a minimum mandatory sentence in both state and federal courts. Attorney Jonathan Rose provides aggressive representation to each one of his clients in Orlando, throughout Florida, and nationwide.

Penalties

In Florida state court, a judge must sentence an individual convicted of trafficking in 28 grams, or one ounce, of cocaine to a minimum three year prison sentence, $50,000 fine, and other sanctions, including a one year driver’s license suspension. In federal court, a judge must sentence an individual convicted of possessing 500 grams of powder cocaine to a minimum five years of prison, to be followed by a mandatory term of supervised release. The sentences increase as the amount of drugs increases.

Conspiracy

Drug trafficking is frequently charged in a conspiracy. The law on conspiracy can be confusing, as people with very different levels of responsibility can be convicted of the same crime and be held responsible for the same quantity of drugs. Prosecutors use conspiracy charges because they are relatively easy to prove.

Proof of a Conspiracy

Essentially, the Government has to prove just two things. First, they must prove that two people (not including Government informants or agents) made an agreement, regardless of how informal, to break the law. Second, they must prove that just one of them took some substantial step to achieve the object of the conspiracy.

In order to understand a conspiracy charge, it is important to understand that the crime does not need to be completed, or even be possible. The government is not required to have actual drugs, money, or other physical evidence. In a conspiracy charge, the agreement is being prosecuted. Not the crime itself.

Defenses and Strategies

Despite the obvious difficulties, Jonathan Rose has successfully defended hundreds of conspiracy charges in both Florida and Federal courts. Defense strategies include dismissal, suppression, entrapment, constructive possession, informant discreditation, multiple conspiracy defenses, and other defenses that depend on the specific facts of each case.

Dismissal

In Florida state court, a judge can dismiss a case if both the defense and prosecution agree on what the facts of the case are, but the facts are not sufficient to prove the charges. This can be an effective strategy in many drug cases, either during trial or before the trial begins. No such rule exists in Federal court, but Jonathan Rose has nonetheless been successful in securing dismissals in multiple drug conspiracy cases at the federal level.

Suppression

If the police obtained evidence in violation of your 4th Amendment rights (illegal search) or 5th Amendment rights (illegal interrogation), you may be able to suppress the evidence that the Government would use against you. This means that your lawyer asks the court to find that the evidence was obtained illegally, and, as such, cannot be used against you. Jonathan Rose has been successful in suppressing evidence in numerous drug trafficking and possession cases, resulting in the dismissal of all charges against those clients.

Entrapment

Entrapment is a practice in which a law enforcement agent (either an actual officer or a government informant) induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit. Entrapment is a defense used during trial, and while difficult to establish, may be an excellent defense in a scenario where the government presents an unlawful opportunity to an otherwise law abiding individual.

Constructive Possession

The government is not required to prove that you own any drugs or contraband you’ve been charged with possessing. They must only prove that you possessed what you were charged with.

Possession of an object may be actual or constructive. An example of actual possession is a bag of marijuana being in your pants or on a table directly in front of you and in your view. However, constructive possession occurs when an item is not physically on a person and not directly in a person’s view. In this scenario, the government must prove that the person charged has both knowledge of the presence of the marijuana and the ability to control it. This is very common in drug cases and is frequently an excellent defense, depending on the facts of the individual case.

Informant Discreditation

In most conspiracy cases, at least one witness who was a part of the conspiracy will testify against the defendant in trial. This witness may be an informant who was believed to be a co-conspirator by other defendants, or it may be a co-conspirator who chooses to testify against his co-defendants in return for a lenient sentence.

In these cases, there is frequently a wealth of information to confront the testifying witness with, including his bias against the person going to trial, and his motivation for testifying in such a manner.

In Florida state court, it may be possible to force the Government to identify the informant before trial. Jonathan Rose has been successful with this strategy in numerous drug possession and trafficking cases.

Multiple Conspiracies

Because conspiracies are seldom tightly knit, formalized organizations, there are frequently multiple conspiracies occurring at the same time. In these instances, the Government’s proof must match the conspiracy they have charged. Also, there are instances in which the defendant is accused of being a participant in a larger conspiracy, when, in fact, he or she was a conspirator with only one person. While this may not result in a complete acquittal, it may decrease the client’s criminal liability, and therefore the sentence, considerably.

To learn more about the firm’s services in this area of law, please request an initial consultation. Call 407-894-4555, or contact the Orlando office via email at [email protected]

Florida Drug Arrests in 2015
114,984 arrests

Florida Drug Arrests in 2016
114,550 arrests

*Data from the ﻿﻿Florida Department of Law Enforcement

We handle criminal charges such as possession, possession with intent to distribute, manufacturing, and conspiracy involving all types of controlled substances, including:

Marijuana

Cocaine

Crack

Prescription drugs

Heroin

DMA

Methylone/Methcathinone (Molly)

With 19 years of experience as a prosecutor and now as a drug possession attorney, Mr. Rose is ideally qualified to address the critical issues that frequently arise in Florida drug possession and trafficking cases. Issues such as the issuance of a warrant, how you were stopped by the police, how any search was conducted by the police, any statements that you or other witnesses may have made, and where the drugs were located when found are all issues of paramount importance in defending drug charges.

The law applies to every drug case differently, so call Orlando drug defense attorney Jonathan Rose at 866-371-5615 to discuss the facts of your case and protect your rights.

What Is Actual Possession Vs. Constructive Possession?

The government is not required to prove that you own any drugs or contraband you’ve been charged with possessing. They must only prove that you possessed what you were charged with.

Possession of an object may be actual or constructive. An example of actual possession is a bag of marijuana being in your pants or on a table directly in front of you and in your view. However, constructive possession occurs when an item is not physically on a person and not directly in a person’s view. In this scenario, the government must prove that the person charged has both knowledge of the presence of the marijuana and the ability to control it. This is very common in drug cases and is frequently used as an excellent defense, depending on the facts of the individual case.

Can The Government Take My Property After A Drug Arrest?

If the state or federal government has seized your cash or property as the result of a drug arrest, we will aggressively protect your rights. Florida attorney Jonathan Rose has a track record of success in returning property to its rightful owner.

Was The Warrant Legal?

If a warrant was issued for your arrest, a search warrant was issued for your home, or a warrant was issued that allowed the police to place a wire tap on your phone, Jonathan Rose will obtain the warrant and make sure the warrant was issued properly and that the police executed it properly. If problems exist with the manner of issuance or execution of a warrant, Mr. Rose will exploit those problems to your advantage.

Was The Drug Stop Legal?

How you came into contact with Florida police, i.e., how you were stopped, whether in a car or in public, has a great deal to do with whether the police can use any evidence they obtained against you.

These issues may include:

Was there an actual traffic violation?

Who was driving the car and who was the car registered to?

Was there reasonable suspicion of criminal activity or that someone was armed and dangerous?

Was The Drug Search Legal?

Florida police must have probable cause to search you, your vehicle, or your home without a warrant, unless you allow them (consent) to search.

A common scenario in which probable cause may be present is:

The smell of marijuana coming from your person, vehicle, or home.

A scenario in which consent may be present is:

Police executing a “knock and talk,” by which police come to a home without a warrant and ask to come in and “talk” or literally ask to search the premises.

What If I Wasn’t Read My Rights?

As you know, you always have the right to remain silent and not respond to questioning or statements made by the police. You should always speak to a lawyer before giving up this valuable right.

However, if you do answer questions or respond to statements made by the police, there are circumstances in which they must read you your Miranda rights before they speak to you. If you make statements and you are not “Mirandized,” the government may not be able to use your statement against you.

To learn more about the firm’s services in this area of law, please request an initial consultation. Call 407-894-4555, or contact the Orlando office via email at [email protected]

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Client Testimonials

Michael D.

"Mr. Rose took my case and worked hard to get a fair outcome for me. He continued to help me get my charges sealed and removed from my name. If your looking for a honest attorney you can trust call his office. You won’t be disappointed."

Jonathan Rose, P.A.

5

2018-08-02T12:13:17-04:00

"Mr. Rose took my case and worked hard to get a fair outcome for me. He continued to help me get my charges sealed and removed from my name. If your looking for a honest attorney you can trust call his office. You won’t be disappointed."

https://www.jonathanrosepa.com/testimonials/michael-d/

Richard

"Mr. Rose took the time to understand the dynamics as to why our son acted inappropriately in a burglary case. He sent him for Drug, Emotional and Mental counseling. "Excellent command of the Law " as the Judge stated in our Son's trial."

Jonathan Rose, P.A.

5

2019-06-12T17:26:07-04:00

"Mr. Rose took the time to understand the dynamics as to why our son acted inappropriately in a burglary case. He sent him for Drug, Emotional and Mental counseling. "Excellent command of the Law " as the Judge stated in our Son's trial."

https://www.jonathanrosepa.com/testimonials/richard/

Tristan

"My lawyer Jonathan Rose got me out of multiple cases. That had multiple felonies in them. With his great work and dedication he was able to do as exactly as he wanted to do and get back my life from the judicial system. I would really recommend Jonathan. He is a great lawyer that will do what he says he can do for you."

Jonathan Rose, P.A.

5

2019-06-12T17:24:57-04:00

"My lawyer Jonathan Rose got me out of multiple cases. That had multiple felonies in them. With his great work and dedication he was able to do as exactly as he wanted to do and get back my life from the judicial system. I would really recommend Jonathan. He is a great lawyer that will do what he says he can do for you."

https://www.jonathanrosepa.com/testimonials/tristan/

Eric G.

"MY GO TO GUY!!! Always have made me feel confident in my situations and encouraged me to have faith in his work! Hands down the best in town thanks a million Jonathan."

Jonathan Rose, P.A.

5

2019-06-12T17:23:26-04:00

"MY GO TO GUY!!! Always have made me feel confident in my situations and encouraged me to have faith in his work! Hands down the best in town thanks a million Jonathan."

https://www.jonathanrosepa.com/testimonials/eric-g/

Elisa

"Jonathan went above and beyond and he was always available when I needed him. He was always there and listened to all our concerns and answered any question we had. He was always available and never made you feel as though you were interrupting him. I knew I had the correct attorney for my situation."

Jonathan Rose, P.A.

5

2019-06-12T17:27:34-04:00

"Jonathan went above and beyond and he was always available when I needed him. He was always there and listened to all our concerns and answered any question we had. He was always available and never made you feel as though you were interrupting him. I knew I had the correct attorney for my situation."

https://www.jonathanrosepa.com/testimonials/elisa/

Jonathan W.

"As a business professional, it was important for me to choose an attorney that had the skill set to handle complex legal matters. Mr. Rose not only has the ability to fully comprehend the intricacies of a new profession or industry outside his wheelhouse he also has the ability to quickly apply the applicable law. It was a pleasure working with your law firm!"

Jonathan Rose, P.A.

5

2020-04-06T14:52:17-04:00

"As a business professional, it was important for me to choose an attorney that had the skill set to handle complex legal matters. Mr. Rose not only has the ability to fully comprehend the intricacies of a new profession or industry outside his wheelhouse he also has the ability to quickly apply the applicable law. It was a pleasure working with your law firm!"

https://www.jonathanrosepa.com/testimonials/jonathon-w/

Betsy W.

"Jonathan Rose was an excellent attorney for our son and his family. He kept all of us aware and updated on the case progress from beginning to end. Mr. Rose is a strong and dedicated advocate who goes the extra mile to ensure the best outcome for his clients."

Jonathan Rose, P.A.

5

2020-04-06T14:53:12-04:00

"Jonathan Rose was an excellent attorney for our son and his family. He kept all of us aware and updated on the case progress from beginning to end. Mr. Rose is a strong and dedicated advocate who goes the extra mile to ensure the best outcome for his clients."

https://www.jonathanrosepa.com/testimonials/betsy-w/

The Summer

"I trusted him with my life. I'm thankful he represented me the only guy I would call in Florida. He's on T.V. all the time. Great man to be represented by!!!!"

Jonathan Rose, P.A.

5

2020-04-17T16:27:19-04:00

"I trusted him with my life. I'm thankful he represented me the only guy I would call in Florida. He's on T.V. all the time. Great man to be represented by!!!!"

https://www.jonathanrosepa.com/testimonials/the-summer/

5

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Jonathan Rose, P.A.

Practice Areas

Above all else, attorney Jonathan Rose believes in the Constitution and in a person’s right to be represented by a capable lawyer during what may be one of his or her most difficult times in life. Whether you are facing criminal charges or an allegation of professional misconduct, he focuses on finding a solution that meets your current needs while also protecting your future.

Our Location

Caring for Our Community During This Time of Unprecedented Uncertainty:
We’re Here to Help You

During this time of unprecedented uncertainty, we are committed to helping clients in need of representation.

If you need assistance, please call us at 407.894.4555 or submit the “tell us what happened” form on our website. We are here to protect rights and are available to help you during this challenging time.